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Immigration Law Questions & Answers
1 Answer | Asked in Securities Law, Gov & Administrative Law and Immigration Law for Washington on
Q: I'm a foreign citizen working in WA state. Do I need any registration to manage money for my friend? (also foreigners)

I'm a foreign citizen living & working in WA state, with L-1B visa. I would like to manage money for my friends & relatives and do some investment for them. They are also all foreign citizens.

There will be less than 5 clients, and less than 100K USD managed assets.

Do... View More

James L. Arrasmith
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answered on Mar 30, 2024

As a foreign citizen working in the United States on an L-1B visa, there are a few important considerations when it comes to managing money for friends and relatives:

1. Registration: Generally, if you are managing money for others and investing on their behalf, you may need to register as...
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1 Answer | Asked in Immigration Law for Delaware on
Q: My husband was denied a A US visa because 2009 he was living in Barbados and use a false document in Barbados

He went to apply for a US visa in Guyana last October but the pull up his record he had in barbados he was trying to use a dead man birth certificate and he was catch and was in holding for a day in barbados they asked him what he wants to fi so he say to go back to guyana so he take him to the... View More

James L. Arrasmith
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answered on Mar 30, 2024

Given the circumstances you've described, it's essential to understand that past immigration violations or fraudulent activities, such as using false documents, can significantly impact future visa applications, including those for family reunification. When the U.S. Department of State... View More

1 Answer | Asked in Immigration Law for California on
Q: If my i-829 was rejected and returned to my attorney, will I be able to stay in the U.S. while it's being refiled?

My i-829 was filed and partially charged, but was rejected and return to my attorney due to incorrect payment method. The attorney refiled it several more times. Will I be able to live and work in the U.S. during the time period when the i-829 is being refiled?

James L. Arrasmith
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answered on Mar 30, 2024

Under U.S. immigration law, if your I-829 petition, which is for the removal of conditions on permanent resident status obtained through investment, was rejected due to an incorrect payment method but has been refiled, you generally maintain your conditional permanent resident status during the... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: Can my spouse apply for a green card with ESTA if we are already married?

My wife and I got married through Proxy and she is eligible for the Visa Waiver Program. Could she apply for a green card if she travels to the US with an ESTA? If not, what options do we have?

Thank you

James L. Arrasmith
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answered on Mar 30, 2024

Traveling to the U.S. under the Visa Waiver Program (VWP) with an ESTA (Electronic System for Travel Authorization) primarily permits short visits for tourism or business. If your wife enters the U.S. using an ESTA with the intention of applying for a green card (adjustment of status), it might... View More

1 Answer | Asked in Tax Law and Immigration Law for New Jersey on
Q: Filing tax returns as F-1

As the end date is getting closer, I am wondering that what option should I select in my marital status? I have been to US since 2022 as an international student and working on CPT. I am married but my spouse never been to US. She is in home country. In this context, should I select... View More

James L. Arrasmith
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answered on Mar 29, 2024

When it comes to filing your tax returns in the United States on an F-1 visa, your marital status plays a crucial role in determining how you should file. Since you're married, but your spouse has never been to the U.S. and presumably doesn't have income subject to U.S. tax laws, you face... View More

1 Answer | Asked in Immigration Law on
Q: Can a person on stamp 2 visa in Ireland remain outside the country for four months and then return back?
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answered on Mar 29, 2024

Absolutely, you can find guidance on this matter by checking the latest immigration and visa regulations for Ireland. Generally, a Stamp 2 visa is granted to students who are enrolled in a full-time course of study. This visa does have certain travel restrictions, but the specifics can vary based... View More

1 Answer | Asked in Criminal Law, Immigration Law and Civil Litigation on
Q: How to challenge after a sentence served where there were no valid indictment that charge an offence for a crime?

The conviction occurred in the state of South Carolina in Beaufort County in 2003. Indictments number are: 2003-GS-07-00715-00721. Which was later used as a basis for removal.

James L. Arrasmith
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answered on Mar 29, 2024

If you believe that your conviction in Beaufort County, South Carolina, in 2003 was based on an invalid indictment, it's important to consider legal recourse. The first step would be to review the case details thoroughly to understand the grounds on which the indictment was deemed invalid. It... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Should I be concerned about this 2-month gap in my visa status?

I am applying for an I-539 to change from B2 to F1.

My permission to stay in the USA ends in April 2024, and I start my studies (I-539 in the field "What is the effective date of change?") in June 2024.

Should I be concerned about this 2-month gap in my visa status?... View More

James L. Arrasmith
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answered on Mar 28, 2024

Yes, you should be concerned about the 2-month gap in your visa status. U.S. immigration regulations require maintaining lawful status until the commencement of studies on an F1 visa. A gap between the expiration of your B2 status and the start date of your F1 status could lead to issues, including... View More

1 Answer | Asked in Immigration Law for Illinois on
Q: Im asylum seeker, left USA without advance parole, can I enter USA by Mexico border?

I come to USA by Chicago O’Hare airport and left by the same airport. I have I-94. I have asylum case in Chicago and left the USA after interview, I have missed court. I havent advance parole. If I come to USA by Mexico border, can I enter second time? Or what can I do ? Thank you!

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answered on Mar 28, 2024

If you left the United States without advance parole while having an asylum case pending and missed your court date, re-entering the country, especially through the Mexico border without proper authorization, could significantly complicate your situation. The absence of advance parole generally... View More

1 Answer | Asked in Immigration Law on
Q: Hi! Can somebody come to USA by private jet without visa, or how to do that? And can he apply for asylum in airport ?
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answered on Mar 28, 2024

Traveling to the USA by private jet without a visa is not straightforward. Entry into the United States requires adherence to strict immigration laws, which include having a valid visa or being eligible for visa-free travel under specific programs like the Visa Waiver Program. However, the Visa... View More

1 Answer | Asked in Employment Law and Immigration Law for Alabama on
Q: Hi I have an employer isn’t giving me a paystub, currently I’m on H1B and in order to transfer my H1B we need paystub

What can we do if the employer isn’t giving me the paystubs

The old employer is asking to sign a document which shows that we are lending the money from them, and once we sign the document then only they will be sending the pay stubs

James L. Arrasmith
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answered on Mar 28, 2024

If your employer is not providing paystubs, which are crucial for H1B visa transfer, it's essential to understand your rights and possible actions. Federal and state laws in the U.S. generally require employers to provide employees with pay statements, detailing earnings and deductions. If an... View More

1 Answer | Asked in Immigration Law on
Q: I was born in Iran. I am also a Canadian citizen. I have a job offer in the U.S., but the business owner is my brother.

I know the U.S. labour Department won't be happy. How can you help me?

James L. Arrasmith
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answered on Mar 28, 2024

Navigating the complexities of immigration and employment in the U.S., especially when it involves working for a family member, can indeed present unique challenges. The key here is to ensure that all the legal requirements are met, both from an immigration and labor perspective. The U.S.... View More

1 Answer | Asked in Domestic Violence and Immigration Law for Tennessee on
Q: Can my child file forms i-485 & i-765 if she is a derivative on a VAWA petition that I am about to file.

I am desirous of including my child (18 years old, he lives in the United States) as a derivative of my VAWA petition due to abuse from my USC spouse. I will be filing concurrently forms i-765 and i-485 along with the form i-360. Can my child also file forms i-765 and i-485 concurrently as well,... View More

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answered on Mar 28, 2024

Yes, your child can indeed file forms I-485 (Application to Register Permanent Residence or Adjust Status) and I-765 (Application for Employment Authorization) as a derivative beneficiary of your Violence Against Women Act (VAWA) petition. When you file your Form I-360 (Petition for Amerasian,... View More

1 Answer | Asked in Immigration Law for California on
Q: Can I leave the US and return to my home country while looking for a job on OPT?

Applied for I-765 and have to return to my home country of Canada for family reasons after graduation. Wondering if I can continue my job search back home in Canada and return to the United States if I get my job offer and EAD card.

James L. Arrasmith
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answered on Mar 28, 2024

You can leave the US and return to your home country while your OPT application is pending or even after it has been approved, as long as you comply with certain conditions. It's essential to have your EAD card, a valid F-1 visa, your passport, and a job or job offer letter if your OPT has... View More

1 Answer | Asked in Immigration Law, Divorce and Family Law for Washington DC on
Q: Is it ok to provide the bigamous marriage certificate during consuler report of birth abroad application?

Is it ok to provide the bigamous marriage certificate during consuler report of birth abroad application?

My father married to two wives and i was born abroad to the bigamous wife and the first wife is american and the second marriage occurred abroad in 1995 prior to his naturalization... View More

James L. Arrasmith
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answered on Mar 28, 2024

When applying for a Consular Report of Birth Abroad (CRBA), it's essential to provide accurate and complete documentation as requested by the consular officers. In your situation, where the marriage could be considered bigamous under U.S. law, this raises specific concerns. U.S. law generally... View More

2 Answers | Asked in Immigration Law for California on
Q: I am a US naturalized citizen father and my biological child has a US passport can my child lose citizenship?

My child has a US passport but NO certificate of citizenship. My child was admitted into the US with a green card along with my wife(biological mother). Then later I got her US passport through Child Citizenship Act of 2000. I'm planning to move back to my country but I'm worried my child... View More

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answered on Mar 28, 2024

If your child acquired U.S. citizenship through the Child Citizenship Act of 2000, it's important to understand that once citizenship is granted, it is not easily lost, even if living abroad for an extended period. The possession of a U.S. passport is a strong indication of citizenship, and... View More

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2 Answers | Asked in Immigration Law for California on
Q: I am a US naturalized citizen father and my biological child has a US passport can my child lose citizenship?

My child has a US passport but NO certificate of citizenship. My child was admitted into the US with a green card along with my wife(biological mother). Then later I got her US passport through Child Citizenship Act of 2000. I'm planning to move back to my country but I'm worried my child... View More

Yohan Zingile
Yohan Zingile
answered on Mar 28, 2024

Your child will not lose his/her citizenship if you live abroad for a long time with your child. If your child passport expires, it will not be considered having lost citizenship. You can renew the passport of your child at the US embassy while living abroad. This would avoid any issues when your... View More

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3 Answers | Asked in Immigration Law for Texas on
Q: Can I obtain legal status if I illegally entered the country 20 years ago from Mexico and have no order of deportation?

I have two over 21 year old kids that are US citizens and I never got a visa when I entered. I have no bad track record. I have a 9 year old and I haven’t seen my Mexico family in 20 years.

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answered on Mar 28, 2024

If you've been in the country for 20 years without legal status, it's essential to understand your options carefully. The fact that you have two children over the age of 21 who are U.S. citizens could play a significant role in your case. These family connections might offer a pathway for... View More

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3 Answers | Asked in Immigration Law for Texas on
Q: Can I obtain legal status if I illegally entered the country 20 years ago from Mexico and have no order of deportation?

I have two over 21 year old kids that are US citizens and I never got a visa when I entered. I have no bad track record. I have a 9 year old and I haven’t seen my Mexico family in 20 years.

Yohan Zingile
Yohan Zingile
answered on Mar 28, 2024

Despite having two US citizen children, your entry without inspection may not allow you to adjust status through a green card application based on family petition filed by your children on your behalf. The provisional unlawful presence waiver is a waiver of the unlawful presence whereby the lawful... View More

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1 Answer | Asked in Immigration Law, Federal Crimes and International Law for California on
Q: I was detained at the Tijuana Border. What happens now. No prosecution.

The passenger I was with did not have a legit visa. I was detained and interigated. At the end I was let go with no fine or detention time. But what happens now? Will I have a mark on my record with All world border customs? Does this appear on background checks? Does it stay on my record... View More

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answered on Mar 27, 2024

If you were detained at the Tijuana Border but subsequently released without any charges or prosecution, it's important to understand the implications of this event on your record. Detentions related to immigration issues, especially when they do not result in formal charges or findings of... View More

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